Acts that have the purpose of discriminating (i.e.
direct discrimination) are easier to identify than
acts that have the effect of discriminating (i.e.
indirect discrimination). For example, a national
policy for school fees may disproportionately
impact poor minorities, thus indirectly discriminating in their access to education. Monitoring
the impact of policies through the collection of
disaggregated data is essential to prevent both
direct and indirect discrimination.
Key Messages
Efforts are needed to eliminate both
direct and indirect discrimination.
States can use ‘special measures’ to target
additional support to groups that are
discriminated against.
Policy Responses on Non-discrimination:
Most countries have laws on non-discrimination that can be strengthened with monitoring and
enforcement mechanisms. Institutions like ombudspersons, employment rights tribunals and
national commissions on equality and non-discrimination can be created. The United Kingdom
has an Equality and Human Rights Commission with a mandate to enforce equality legislation;
Brazil has the ministerial body, the Special Secretariat for the Promotion of Racial Equality
(SEPPIR); the European Union‘s Racial Equality Directive (2000/43/EC) prohibits direct or indirect
discrimination based on racial or ethnic origin in a wide range of policy areas, including
employment, health, education, social security and housing.
Non-discrimination legislation could be strengthened by shifting to the principle of shared
burden of proof in alleged discrimination cases. CSOs could play a greater role in supporting
individuals to take non-discrimination cases. Law clinics in minority areas can improve access
to justice for minorities on non-discrimination.
Affirmative action measures could be adopted. India has a long history of reservations policies
for Scheduled Castes and Scheduled Tribes in the public service, now being considered for
extension to the private sector as well. Brazil has introduced various forms of affirmative action
for Afro-Brazilians and other marginalised groups, including in some public sector employment,
higher education, support to business development by Afro-descendants, job training and
targeted social programmes for predominantly Afro-descendant neighbourhoods.
Chapter 3: Fundamental Rights and Principles
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